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Pest Infestation Enforcement, Including Bed BugsCity of Dubuque City Council /_[QIfQ►III=1iy 6RIE ,I Copyrighted November 4, 2024 ITEM TITLE: Pest Infestation Enforcement, Including Bed Bugs SUMMARY: City Manager recommending City Council approval of the attached ordinance to provide a clearer direction regarding pest elimination for occupants and owners of structures within the City of Dubuque. ORDINANCE Amending City Of Dubuque Code Of Ordinances Title 14 Building And Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-2 International Property Maintenance Code Amendments SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Memo_to_MVM_Bed_Bugs 3. 14-1 J-2 103124 4. Comparable cities Bed Bug Ordinance 5. Pest Infestation Inspection Workflow Page 2479 of 2498 THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pest Infestation Enforcement, Including Bed Bugs DATE: October 31, 2024 Dubuque AIFAWca Ciq ni I 2007-2012.2013 2017*2019 Housing & Community Development Director Alexis Steger is recommending City Council approval of the attached ordinance to provide a clearer direction regarding pest elimination for occupants and owners of structures within the City of Dubuque. After review of the pest elimination code, city staff is recommending an update to the pest elimination section of the 2021 IPMC. These updates will not change the intent or execution of the ordinance but addresses ease of use with the order responsibilities are listed. Occupants should be taking the precautions recommended by the EPA above, but should an infestation occur, the occupant must cooperate with reasonable pest elimination efforts completed by an owner in all situations. In most instances, owners will be held responsible by the City of Dubuque for ensuring pest elimination unless addressing the issue in a single-family unit. A flow chart of enforcement decisions in this process is attached to help illustrate the process used to ensure pests are eliminated when found in a residential structure. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 A-Z�22'� Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Page 2480 of 2498 THE CITY OF DUB E Masterpiece on the Mississippi Dubuque All -America City nurxwuin�L[J Lk � I I® r 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager Housing & Community Development Department 350 W 61h Street, Suite312 Dubuque, Iowa 52001-4763 Office (563) 589-4230 http://www.cityofdubuque.org FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Pest Infestation Enforcement, Including Bed Bugs DATE: October 31, 2024 INTRODUCTION This memorandum provides a review of the pest infestation section of the 2021 International Property Maintenance Code as adopted by the City of Dubuque. BACKGROUND Bed bugs typically travel from place to place on the clothing of a household that is already infested. There are several methods that can be used to kill these bugs, such as a chemical agent that destroys the protective wax layer of the body, exposure to high temperatures or exposure to freezing temperatures. Should a household become infested with bed bugs, there are several measures a household can take to help the spread of these pests, but the most effective method for elimination is professional pest control services. To avoid the infestation of bed bugs the following preventative measures are recommended by the U.S. Department of Environment Protection Agency (EPA): • Inspect the luggage rack in your hotel room for bed bugs. • Check secondhand furniture, beds and couches for any signs of bed bug infestation before bringing them home. • Use a protective cover that encases mattresses and box springs to eliminate many hiding spots. The light color of the encasement makes bed bugs easier to see. Be sure to purchase a high -quality encasement that will resist tearing and check the encasement regularly for holes or a cover that has been pre-treated with pesticide to control bed bugs. • Reduce clutter in your home to reduce hiding places for bed bugs. • Vacuum frequently to remove any successful hitchhikers. • Be vigilant when using shared laundry facilities. Transport items to be washed in plastic bags (if you have an active infestation, use a new bag for the journey home). Remove from dryer directly into bag and fold at home. (A dryer on high heat can kill bed bugs.) Page 2481 of 2498 • If you live in a multi -family home, try to isolate your unit by: o Installing door sweeps on the bottom of doors to discourage movement into hallways. o Sealing cracks and crevices around baseboards, light sockets, etc., to discourage movement through wall voids. Should an infestation occur, it is important to immediately start working to eliminate the infestation, as bed bugs will proliferate, making conditions worse each day that it goes untreated. DISCUSSION The City of Dubuque adopted the 2021 International Property Maintenance Code which has a section that addresses pest elimination. This code states: SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one -family dwelling or of a single - tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure the owner shall be responsible for pest elimination. This code says that an owner must eliminate pest infestations prior to occupying the structure, must ensure the structure is free of defects that may cause pest infestations and must eliminate pests in common areas, public spaces, and in any multi -unit infestation situation. The owner shares this responsibility with an occupant, when the occupant failed to prevent the infestation. In a single-family unit, the occupant is responsible for maintaining a pest free unit unless a structural defect is the cause of a pest infestation, then the owner is responsible. Page 2482 of 2498 The IPMC is adopted widely across the nation, and Iowa is no exception. When comparing the top 10 most populous cities in Iowa to the City of Dubuque's ordinance, 7 out of the 10 adopt the language from the IPMC for pest elimination as listed above. Des Moines, Iowa City and Sioux City do not adopt the IPMC but have language that creates the similar responsibilities for owners and occupants. Please see the attached for specific information. In the article titled, "Bedbug outbreak hits Dubuque apartment complex, with tenants paying for cleanup" published by the Telegraph Herald on October 29, 2024, it is noted that Davenport has a clearer ordinance that makes an owner financially responsible for bed bug elimination. This is not accurate and was only written as an opinion of the journalist. Davenport has two sections of their code that address pest elimination. The Health and Safety Code States: Every owner shall, where required by this code, the health ordinance or the code enforcement officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. This section is the same as Dubuque, because Davenport also adopts the IPMC which this health code than reverts to "by law or ruling". Additionally, this does not assign financial responsibility to any person. "Responsibility" in any city's ordinance in the State of Iowa, gives that city the ability to cite the responsible party. It does not allow any city to assign financial responsibility for any service used to eliminate the infestation. The financial responsibility for any service that is hired, is decided by State Code and the civil contract between an owner and occupant. This mirrors any other damage to a rental property that may be created by a tenant such as broken windows or doors, and any damage created by the structure such as plumbing leaks. These issues and who must pay for them are controlled by the lease between the owner and occupant, and the Tenant -Landlord laws of the State of Iowa. The City is not a party to these contracts and may not insert itself into a contract of which they are not a party. Bed bugs are no exception to this law. The city will ensure the broken window or door, and plumbing leaks are fixed to meet City Code, but the city will not determine who is financially responsible for the damage. Any dispute of financial liability must be brought before a Civil Court. The City of Dubuque does not serve in the capacity of a District Court. The District Court is a State of Iowa entity. Magistrates and judges are appointed to hear evidence, weigh the evidence presented, and rule on the evidence in reaching a court judgment in dispute between private parties. Should an owner and occupant disagree on who is financially responsible for anything stated, or not stated in the lease, it must be brought in District Court for a decision. Not only does the City have no authority over a third -party contract, but it also has no authority to garnish or facilitate payment from the party that is responsible. This is also a function of the State of Iowa. Page 2483 of 2498 Iowa Legal Aid has resources regarding tenant rights on their website and have explicitly stated they are available to help any low-income occupant that feels they are wrongfully charged for pest elimination services by an owner of a property in the City of Dubuque. The Housing and Community Development Department will make referrals to Iowa Legal Aid when contacted about any tenant -landlord dispute, including charges for pest elimination. ORDINANCE UPDATES After review of the pest elimination code, city staff is recommending an update to the pest elimination section of the 2021 IPMC. These updates will not change the intent or execution of the ordinance but addresses ease of use with the order responsibilities are listed. Occupants should be taking the precautions recommended by the EPA above, but should an infestation occur, the occupant must cooperate with reasonable pest elimination efforts completed by an owner in all situations. In most instances, owners will be held responsible by the City of Dubuque for ensuring pest elimination unless addressing the issue in a single-family unit. A flow chart of enforcement decisions in this process is attached to help illustrate the process used to ensure pests are eliminated when found in a residential structure. RECOMMENDATION I respectfully request City Council approval of the attached ordinance to provide a clearer direction regarding pest elimination for occupants and owners of structures within the City of Dubuque. CC: Crenna Brumwell, City Attorney Page 2484 of 2498 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 60 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 309. Pest Elimination. Amended to read: 309.1 Infestation. Structures shall be kept free from the infestation of insects, rodents, or other pests. Structures in which insects, rodents, or other pests are found shall be promptly treated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.1.1 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.1.2 Occupant. The occupant of any structure shall cooperate with the reasonable pest elimination efforts of the owner or owner's authorized agent. 309.2 Single occupant. The occupant of a one -family dwelling or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. Exception: Where the infestation is caused by defects in the structure the owner shall be responsible for pest elimination, 309.3 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be responsible for pest elimination. If infestation is caused by failure of an occupant of a single dwelling unit to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of November, 2024. .• .•• •4• Attest: �,eA Adrienne Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1 J-1 of this article to read as follows: Section 309. Pest Elimination. Amended to read: 309.1 Infestation. Structures shall be kept free from the infestation of insects, rodents, or other pests. Structures in which insects, rodents, or other pests are found shall be Promptly treated by approved processes that will not be incurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.1.1 Owner. The owner of any structure shall be responsible for pest elimination within the structure Drior to rentina or leasina the structure. 309.1.2 Occupant. The occupant of any structure shall cooperate with the reasonable Dest elimination efforts of the owner or owner's authorized aaent. 309.2 Single occupant. The occupant of a one -family dwelling or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. Exception: Where the infestation is caused by defects in the structure the owner shall be responsible for pest elimination. 309.3 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be responsible for pest elimination. If infestation is caused by failure of an occupant of a single dwelling unit to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. Page 2487 of 2498 Pest Elimination Ordinances — Top Ten Cities in Iowa Dubuque Adopted the International Property Maintenance Code (IPMC) 2021 version without amendments to Section 309 Pest Elimination section of the code. The code states: SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one -family dwelling or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. 11Page Exception: Where the infestations are caused by defects in the structure the owner shall be responsible for pest elimination. Page 2488 of 2498 Pest Elimination Ordinances — Top Ten Cities in Iowa Cities in Blue below have the same wording as Dubuque for Pest Elimination. Cedar Rapids additions are addressed in procedures in Dubuque and not written into policy, but the policy is the same. Cities in _ below have different wording than Dubuque. Ankeny � (Same as Dubuque) Adopted the 2021 IPMC without amendment. Council Bluffs (Same as Dubuque) Adopted the 2018 IPMC without amendment. (No wording has changed between 2018 and 2021 IPMC versions for pest elimination) Davenport M (Same as Dubuque) Adopted the 2015 IPMC without amendment. (No wording has changed between 2015 and 2021 IPMC versions for pest elimination) (Same as Dubuque) Adopted the 2015 IPMC without amendment. (No wording has changed between 2015 and 2021 IPMC versions for pest elimination) Vest Des Moines (Same as Dubuque) Adopted the 2021 IPMC without amendments. Cedar Rapids Adopted the 2021 IPMC with the following amendment: Section 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. If after re -inspection it is the opinion of the code official that adequate extermination measures have not been taken, then an approved plan of action shall be provided to the code official within 5 business days. An approved plan of action must include an approved certified pest control agency for extermination. After pest elimination, proper precautions shall be taken to prevent reinfestation. Section 309.2, 309.3, 309.4, and 309.5 adopted without amendment. 2 1 P a g e Page 2489 of 2498 Pest Elimination Ordinances — Top Ten Cities in Iowa AL Sec. 13.411. EXTERMINATION. (1) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. (2) Extermination - Single Family Dwellings. (a) Owner: The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (b) Occupant: The occupant of a one -family dwelling shall be responsible for extermination on the premises. (3) Extermination - Multiple occupancy. (a) Owner: The owner of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house, shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. (b) Occupant: The occupant of any structure shall be responsible for the continued rodent and pest -free condition of that portion of the structure occupied. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. 17-5-19 P. Responsitbilities of owners. Pest Extermination: Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, the extermination thereof shall be the responsibility of the owner. 17-5-20 C. Responsibilities of occupants. Extermination Of Pests: Every occupant of a single- family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied whenever said unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Sioux City 20.05.085 Responsibility of Tenants. Each tenant of a single family dwelling unit is responsible for the extermination of cockroaches and other insects which are known to cause or aid in the spread of disease. Tenants of such dwellings are also responsible for the extermination of mice and other rodents which are known to cause or aid in the spread of disease. Each tenant of a dwelling unit in a duplex or multi family dwelling is responsible for such extermination whenever his or her dwelling unit is the only one infested, and such infestation is due to the tenant's failure to maintain the unit in a sanitary condition. In the event that infestation is caused 3 1 P a g e Page 2490 of 2498 Pest Elimination Ordinances — Top Ten Cities in Iowa by failure of the landlord of a multi -family dwelling unit to maintain the dwelling unit in a reasonable condition, extermination shall be the responsibility of the landlord. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination there shall be the responsibility of the landlord. Des Moines Sec. 60-106. - Infestation. All structures shall be kept free from insect and rodent infestation. Where insects or rodents are found, they shall promptly be exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re -infestation. (1)Owner. The owner(s) of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (2)Single occupant. The occupant of a single-family dwelling shall be responsible for extermination. However, in the event the infestation is a direct result of the owner(s) failure to maintain the property in accordance with this chapter, the owner shall be responsible for extermination. (3)Multiple occupancy. The owner(s) of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house shall be responsible for extermination. 41Page Page 2491 of 2498 Pest infestation reported, case opened Case details reviewed and an inspector is assigned to investigate In Verified \ Infestation? Yes Single family home? / Yes Infestation \ limited to single unit? Case closed (no common areas) 1 Issue notice of violation to owner/agent and CC: affected occupants defects with Issue notice of violation to potential to allow Yes owner/agent for structural infestation? defects and pest elimination Z Follow up inspection confirms Require owner/agent to submit infestation has been NO professional pest elimination plan eliminated Monitor and enforce until est elimination is complete Page 2492 of 2498 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 11/08/2024 and for which the charge is 49.02 Subscribed to before me, a Notary Pu i in and for Dubuque County, Iowa, this 8th day of November, 2024 - C=�ftx ' e, -Pep�� Notary a lic in and for Dubuque County, Iowa. AkJANET K. PAPE� Commission Number 199659 My Commission Expires t Owa 12/11/2025 11(4Ja0'A+ aq- Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 60 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-lJ-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 309. Pest Elimination. Amended to read: 309.1 Infestation. Structures shall be kept free from the infestation of insects, rodents, or other pests. Structures in which insects, rodents, or other pests are found shall be promptly treated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.1.1 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.1.2 Occupant. The occupant of any structure shall cooperate with the reasonable pest elimination efforts of the owner or owners authorized agent. 309.2 Single occupant. The occupant of a one -family dwelling or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. Exception: Where the infestation is caused by defects in the structure the owner shall be responsible for pest elimination. 309.3 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be responsible for pest elimination. If infestation is caused by failure of an occupant of a single dwelling unit to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of November, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of November, 2024. /s/Adrienne N. Breitfelder, City Clerk It 11/8